Chief Judge Brian S. Miller dismissed a lawsuit to take Senator Ted Cruz and Senator Marco Rubio off the Arkansas primary ballot Monday, the day before the primary vote.Judge Miller ruled that the plaintiff, David Librace, did not have standing in the lawsuit because he could not prove "injury in fact." Judge Miller's order cited past cases across the country that had challenged the candidacies of then-Senator Barack Obama and Senator John McCain on the "Natural Born Citizen" clause of the U.S. Constitution."Although the questions raised by Mr. Librace are interesting, they are questions that he simply does not have standing to bring," part of the Judge's order read.--------------An independent candidate for president filed a lawsuit to take Senator Ted Cruz and Senator Marco Rubio off the Arkansas primary ballot.Click here to read the lawsuit.The lawsuit claims that neither candidate is a natural born citizen. It states that Sen. Rubio's parents were not U.S. citizens when he was born, and that Sen. Cruz was born in Canada."I expect this case to be dismissed quite rapidly as far as Senator Rubio is concerned. There is no disputing he was born in the United States and is a U.S. Citizen," Arkansas State Senator and Rubio Campaign Chair in Arkansas told 40/29 News."This has already been litigated in Illinois," Arkansas State Rep. Bob Ballinger and Co-Chair of Cruz for President Arkansas, told 40/29 News. "Federal law is very clear. You're either natural born or naturalized, and Ted Cruz has never been naturalized. Senator Cruz was a citizen when he was born to his mother who was a U.S. Citizen."The suit was filed by David Librace of West Helena, Arkansas, who is running as president as an independent.Court filings show that the defendants have until February 22, 2016 to respond to the suit. No hearing dates have been scheduled.

HELENA, Ark. —

Chief Judge Brian S. Miller dismissed a lawsuit to take Senator Ted Cruz and Senator Marco Rubio off the Arkansas primary ballot Monday, the day before the primary vote.

Judge Miller ruled that the plaintiff, David Librace, did not have standing in the lawsuit because he could not prove "injury in fact." Judge Miller's order cited past cases across the country that had challenged the candidacies of then-Senator Barack Obama and Senator John McCain on the "Natural Born Citizen" clause of the U.S. Constitution.

"Although the questions raised by Mr. Librace are interesting, they are questions that he simply does not have standing to bring," part of the Judge's order read.

--------------An independent candidate for president filed a lawsuit to take Senator Ted Cruz and Senator Marco Rubio off the Arkansas primary ballot.

The lawsuit claims that neither candidate is a natural born citizen. It states that Sen. Rubio's parents were not U.S. citizens when he was born, and that Sen. Cruz was born in Canada.

"I expect this case to be dismissed quite rapidly as far as Senator Rubio is concerned. There is no disputing he was born in the United States and is a U.S. Citizen," Arkansas State Senator and Rubio Campaign Chair in Arkansas told 40/29 News.

"This has already been litigated in Illinois," Arkansas State Rep. Bob Ballinger and Co-Chair of Cruz for President Arkansas, told 40/29 News. "Federal law is very clear. You're either natural born or naturalized, and Ted Cruz has never been naturalized. Senator Cruz was a citizen when he was born to his mother who was a U.S. Citizen."

The suit was filed by David Librace of West Helena, Arkansas, who is running as president as an independent.

Court filings show that the defendants have until February 22, 2016 to respond to the suit. No hearing dates have been scheduled.